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Australian Visas [cont'd]


Spouse: Class 100

Where a person who is either the married spouse or a * de facto spouse of an Australian citizen, permanent resident of Australia or a New Zealand citizen living in Australia, applies for migration to Australia based on the relationship. Immigration must be satisfied that the relation is genuine, that is, not one established simply to assist the applicant to obtain a migration visa. A de facto couple is a man and woman living together as husband and wife with a genuine and long-term commitment to each other in circumstances where they are not married to each other. Each may in fact still be married to another person, providing that marriage is over.

Under current law a person living with a member of the opposite sex for at least 12 months is living in a de facto relationship. Less than 12 months may be acceptable in certain circumstances.

Prospective Marriage: Class 300

Where an Australian person sponsors a member of the opposite sex to come to Australia to marry the sponsor. The applicant overseas is processed for permanent residence but when approved is granted a 9 month visa. After arrival in Australia the couple must marry within 9 months. The applicant and sponsor must satisfy Immigration that the relationship is totally genuine. The applicant may include dependent children in the application.

Preferential Category: Class 104

An Australian citizen or permanent visa holder can sponsor an aged dependent relative, a remaining relative, an orphan relative or a special need relative. There is no Points Test.   All these terms have specific meanings and you can contact us for more information.

Interdependency: Class 814

Although no indication is given in the law and policy regarding this class, this Category can be utilized by people in gay relationships. An Australian citizen or permanent visa holder can sponsor a gay partner from overseas and, if Immigration is satisfied that the relationship is genuine, the visa will be granted. Other than gay people, there might be relationships between an elderly couple of different sexes or the same sex, who depend on each other and who have a continuing commitment to mutual emotional and financial support. Usually the relationship will have been in existence for be at least 12 months old.